Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-12-22

wheeling and Harrisburg Railway Com
pauy, OF its successors, OF upon the award
of a msjority of three persons, not stock
holders in either company, the first to be
chosen by such company as may desire To
use the track, the second By the Wheeling
and Harrisburg Railway Company, or It's
successors, and the third by the two thus
chosen
The said election shall be held by the
following named commissioners, who are
hereby appointed for that purpose, that IS
to say:
Here is to follow the list Of commits
sioners and canvassers, and the provisions
for the publishing of the ordinance, &c
FILLING BLANKS.
When the reading of the report Of the
committee had been concluded, the WORK
OF filing the blanks was taken up. On
motion of SIR. Speidei, the date Of the cleo
ton was filled with Saturday, January -,
1883. The next thing was the making out
of the long list of commissioners and can
vassers, at the several polls, but this was
finally accomplished, and the ordinance
was then directed to be published IN the
four daily papers aud weekly REGISTER
and InteHigencer. The Chair then an
nounced the question to be upon the ac-
ceptance of the report of the committee
NOT ACCEPTED.
On motion TO adopt, Mr.. Speidel said
he wished to call the attention OF the mem
bers to the fact that this report was that OF
the special committee its counsel, but
il had not been accepted or agreed TO by
the Wheeling and Harrisburg Railroad
Company. Before adopting it, lie thought
il would be in order and proper for the repre-
sentatives of the Railroad Company to be
heard.
Mr.. Hubbard, IS counsel for the Com
many. said the Company did not intend TO
offer aDy amendment, but Judge Cochran
might desire to make statement.
Taking the )Cr, Judge Cochran said:
In order that there may be no presump-
ton in the mind OF anyone, or wrong I'M
preston I've created, | will state that the
Company has not concurrcd nor agreed 10
all the provisions OF the ordinance reported.
We have Welded all that we can possibly,
and at the same time We think we have an
intelligent idea Of what the people Of TINS
community want, and think we have filled
the bill. will here read draft OF an
ordinance which we are willing to have
passed and accept"
Judge Cochran then read an ordinance
identical with the one submitted by the
committee except that it did away with
the arbitratOrs and threw the bridge open
to all Corners for traffic, upon payment
not IN exceed s. percar. This substituted
clause is as follows:
THE SUBSTITUTE.
The agreement of subscription shall
stipulate on behalf of the Wheeling and
Harrisburg Railroad Company Of West
Virginia and its successors that any and
every railroad hereafter oil heretofore con-
structed shall have the right TO connect lts
tracks with the tracks OF sid railroad
company extendiDgover said bridge and the
approaches thereto, and To transport lis
trains over said bridge and breaches
upon paying compensation Therefor under
such regulations az said Railroad Company
shall prescribe; and that said Railroad
Company or its successors shall transport
all cars of freight and passengers over said
bridge and over said terminal tracks IN
terminal system is extended to the latter
point, and the charge for transporting
any freight car upon or over said terminal
system shall not exceed two dollars per
car, and said Railroad Company shall per
nit the aforesaid use OF its tracks and per-
form the aforesaid services for any and
every railroad now or hereafter built into
the said city of Wheeling or BenwOOd or
Martins Ferry, without discrimination
either as TO charges for like privileges or
services, or ~ to the manner "f performing
such service.
"Prorid,d, Said Railroad COmpan =, or its
successors, shall not be required to trans
fer any freight car upon or over its ter
minal system for any railroad company
which shall not perform like service
upon or over its tracks III the city Of
Wheeling, or Benw0oi, or Martins Ferry,
for said Railroad Company or its snccess-
orr, at like charge for like services.
BY substituting the two paragraphs next
above for the paragraph enclosed in a>,er-
isks, in the ordinance coming from the
committee, the reader will have the docu-
ment as the representatives Of Mr.. Clark
desire it.
Judge Cochran went on to state why he
had taken the stand he had and differed
with the committee. Particularly did he
point out the objections to the three arbi-
traitors, who might be called upon at any
time, 10y any hostile company, to make a
rate of transportation for cars, and with
whose decision the Company must comply,
although two of the three arbitrators pro-
vided for must necessarily be strangers.
Mr.. LYNCH's ARG UMENT.
lie WAS followed by Mr.. Lynch, who
spoke at great length. He went over the
differences very fully. lie said there were
three points between Mr. Cochran and the
Committee. The first of these, the four
year clause, had been agreed to by Judge
Cochran. But the latter insisted upon the
second point, the insertion after the four
year clause, land such ;;G.::thfT time
As might he rendered necessary by litiga
ton because, for instance, there might
- 'a4al trouble when the bridge Sas within
;..aor n completion, and the company
wnrj5 Ibns b,v, 10 -" everything The
third point was the matter OF the ''",o''
Upon this he dwelt with much force. The
substitute Judge Cochran offered made the
bridge even more absolutely Union
bridge than did the clause of the commit
tee. 1t made the bridge absolutely free to
all railroad companies, and at reasonable
charge. Reference had been made to the
''Pewiky" arbitrator, but that touched an
entirely different matter. They did not
touch the main income or source OF rev.
enue of the "Pewiky," while when that
rule was applied to the bridge company it
touched the very life of the cOrporation-
tied up it's only source OF revenue-ths
source from which it's interest and divi-
dends were to he derived. There was no
just parallel between the two
cases. There would be no
use TO endeavor to induce
his principals to take hold Of proposition
drawn in the terms contained in the Ordi-
nance of the committee. In making this
statement, Mr.. Lynch said he did not
speak at all for Judge Cochran, hut for Mr..
Clark. The Judge might induce other cap
ital to 60 into the enterprise, hut certainly
not his principal. He p'esd for broad
view on the part Of the Board, looking to
the welfare of the community, and hoped
= ba stn4 auents he ha1 m ado would have dine